Liberals Claiming Credit for Marriage Equality Can Get in the Bin

Next Thursday, 15 November, is the one-year anniversary of the announcement of the results of the same-sex marriage postal survey, in which 61.6% of Australians said yes to equality.

 

And December 7 will mark 12 months since the passage of the Marriage Amendment (Definition and Religious Freedoms) Act 2017, which finally legalised same-sex marriage in this country.

 

With both milestones rapidly approaching, it is likely we will witness a large number of Liberal Party MPs and Senators try to claim credit for achieving marriage equality.

 

Indeed, now-former Prime Minister Malcolm Turnbull kicked off this predictable right-wing festival of self-congratulation on Thursday night’s QandA,[i] commenting that:

 

“You know, think of the big social reforms, legalising same-sex marriage. I mean, what a gigantic reform that was, I was able to do that … I legislated it, right? So I delivered it.”

 

This statement is about as far removed from the truth as the nonsense that emanates daily from Donald Trump’s twitter account.

 

Rather than ‘delivering’ this important reform, the Liberal Party was in fact the greatest obstacle standing between LGBTI Australians and the right to marry.

 

In case you disagree – or have forgotten the destructive role played by the Liberals on this issue over many years – here’s a reminder of what they actually did:

 

  1. The Liberal Party banned marriage equality in the first place

 

It was John Howard’s Liberal-National Government that prohibited same-sex marriage in August 2004.[ii] While this was prompted by couples who had wed overseas seeking recognition of their marriages under Australian law, it was primarily motivated by the desire to wedge the Labor Party on this issue ahead of the federal election later that year. Sadly it would not be the last time the Liberal Party played with the lives of LGBTI people for base political reasons.

 

  1. The Liberal Party refused to allow Australians to marry overseas

 

The Howard Liberal-National Government actually went further than merely refusing to recognise the marriages of couples who had wed overseas. They then refused to issue Certificates of No Impediment to Australians who wanted to get married in countries where it was legal, even where one member of the couple was from the other, more-progressive country. This was an incredibly petty and mean-spirited move.

 

Fun Fact: The Attorney-General who implemented this pathetic policy was the same person who led the recent Religious Freedom Review which recommended that religious schools continue to be allowed to discriminate against LGBT students and staff, one Philip Ruddock.

 

  1. The Liberal Party voted against marriage equality in September 2012

 

It took eight years before there was a genuine opportunity to repeal the Howard Liberal-National Government’s ban on same-sex marriage. In late 2012, Parliament voted on ALP MP Stephen Jones’ private members’ bill.

 

In line with the hard-fought, and hard-won, decision at its December 2011 National Conference, the Gillard Labor Government gave its members a conscience vote. The majority of ALP MPs and Senators voted in favour of marriage equality.[iii]

 

On the other hand, every single Liberal Party MP and Senator, bar one, voted against same-sex marriage. That includes then-Opposition Leader Tony Abbott, Malcolm Turnbull, Scott Morrison, George Brandis and Dean Smith. The only notable, and noble, exception was Queensland Senator Sue Boyce.

 

The Liberal Party cannot expect to be rewarded for the fact that same-sex marriage was legalised on December 2017 when they were the ones who stopped it from being passed more than five years earlier.

 

  1. The Liberal Party refused to hold a parliamentary vote on marriage equality

 

Following its election in September 2013, Tony Abbott’s Liberal-National Government simply refused to hold another ordinary parliamentary vote on same-sex marriage. This recalcitrant approach continued even after it became apparent the majority of MPs and Senators now supported marriage equality.

 

  1. The Liberal Party challenged the ACT’s same-sex marriage laws

 

While the Abbott Liberal-National Government did absolutely nothing to achieve marriage equality in Commonwealth Parliament, they did take action in at least one area: they challenged the validity of the recently-passed ACT Government’s same-sex marriage laws in the High Court.

 

In fact, this was one of the first things the newly-elected government did on any issue, full stop, revealing its fundamental priority was to stop marriage equality in any way possible.

 

This challenge was ultimately successful, meaning that the marriages of 31 couples were effectively annulled.

 

Fun Fact: The Attorney-General who instigated this High Court challenge, that overturned the marriages of 62 people who his own Government would not allow to marry because of their sexual orientation and/or gender identity, would later claim that marriage equality was one of his, and his Government’s, greatest achievements, one George Brandis.

 

  1. The Liberal Party proposed an unnecessary, wasteful, harmful and divisive plebiscite

 

In August 2015, with public support for marriage equality continuing to build, and the Abbott Liberal-National Government under mounting pressure to finally do something on this topic, they chose not to do the one thing that would actually resolve it (hold a parliamentary vote).

 

Instead, after a six-hour joint party-room meeting, they proposed a same-sex marriage plebiscite. Despite changing leaders the following month, new-Prime Minister Malcolm Turnbull continued to support this policy, including in the lead-up to the 2016 Federal election and beyond.

 

A plebiscite like this was essentially unprecedented – there had been only one plebiscite in the previous 98 years, and that was on the national anthem. It was unnecessary, and – at an estimated cost of $158.4 million – it was fundamentally wasteful too. LGBTI Australians also justifiably feared that, subjecting our relationships and rights to months of public debate would be incredibly divisive, and cause significant harm to the most vulnerable members of our community.

 

It should be remembered that the idea for a plebiscite was only being pushed by those who opposed marriage equality, including Abbott himself, the Australian Christian Lobby and other religious extremists. It was never designed with the best interests of the LGBTI community in mind.

 

  1. The Liberal Party held an unnecessary, wasteful, harmful and divisive postal survey

 

After months of intense lobbying by LGBTI community advocates and organisations, the ALP, Greens and members of the cross-bench rejected the Turnbull Liberal-National Government’s plebiscite in the Senate in October 2016.

 

Despite this, Prime Minister Turnbull and the Coalition still refused to hold a straight-forward parliamentary vote. Instead, in August 2017 they proposed a same-sex marriage ‘postal survey’.

 

This was even more unprecedented, and was an abuse of the power of the Australian Bureau of Statistics’ power to collect, well, statistics. Despite the fact the High Court found it was technically lawful, it could at best be described as ethically dodgy, and at worst a perversion of Australian democracy.

 

Like the plebiscite, the postal survey was entirely unnecessary, and completely wasteful, ultimately costing taxpayers $80.5 million. And for LGBTI Australians and rainbow families its impact was exactly as bad as anticipated, unleashing a torrent of homophobia and transphobia, with the worst attacks of the bigoted No campaign reserved for trans and gender diverse young people.

 

Of course, the architects of the postal survey didn’t care about this negative outcome. Because the postal survey was never about us. It was put forward as a quick political fix for the Liberal Party, who knew they couldn’t continue to oppose marriage equality in the lead-up to the 2019 Federal election, but whose homophobic party-room members refused to hold a parliamentary vote without conducting a costly (in multiple senses of the word) public debate beforehand.

 

And if you disagree with this analysis, perhaps you’ve forgotten whose idea the postal survey was, one Peter Dutton.

 

  1. The Liberal Party didn’t actually pass marriage equality

 

This point might sound strange (especially to new readers of this blog), but it is an important one to make. Because while Liberal Senator Dean Smith’s Marriage Amendment (Definition and Religious Freedoms) Act 2017 finally granted same-sex and gender diverse[iv] couples the right to marry, it did not deliver true equality.

 

A hint lies in the title. This legislation did not just amend the Marriage Act 1961 to ensure marriage was available to all couples, it also added new rights for individuals and organisations to discriminate against LGBTI couples on the basis of religious prejudice.

 

This included permitting existing civil celebrants to register as ‘religious marriage celebrants’ and consequently putting up signs saying ‘no gays allowed’. These are not ministers of religion, and the ceremonies they conduct are not religious. But the law, as passed, allows these individuals to discriminate on the basis of their homophobia and transphobia.

 

Smith’s Marriage Amendment (Definition and Religious Freedoms) Act also introduced offensive provisions allowing discrimination by religious organisations in the Marriage Act itself. This includes section 47B:

 

A body established for religious purposes may refuse to make a facility available, or to provide goods or services, for the purposes of the solemnisation of a marriage, or for purposes reasonably incidental to the solemnisation of a marriage, if the refusal:

(a) conforms to the doctrines, tenets or beliefs of the religion of the body; or

(b) is necessary to avoid injury to the religious susceptibilities of adherents of that religion.

 

Similar provisions allowing discrimination by religious organisations already existed in the Commonwealth Sex Discrimination Act 1984, so at best they were unnecessary here. At worst, because this amendment was phrased as a ‘positive right’, this allows new discrimination, in particular because it is more likely to overrule the better anti-discrimination laws of some states and territories (especially Tasmania’s Anti-Discrimination Act 1998).

 

It should be noted that these discriminatory provisions were not previously required with respect to divorced people remarrying – another issue on which there are strong religious beliefs. The fact they were introduced last year reveals they were motivated not by so-called ‘religious freedom’, but by homophobia and transphobia masked in that language.

 

By introducing new forms of discrimination, Dean Smith’s Marriage Amendment (Definition and Religious Freedoms) Act 2017 delivered same-sex marriage, but it most definitely did not achieve marriage equality.[v]

 

  1. The majority of Liberal Party MPs and Senators voted for even more discrimination

 

Despite the fact the Smith Bill did not deliver equality to begin with, the majority of Liberal Party MPs and Senators voted in favour of at least some (and in some cases all) of the amendments that would have allowed even more discrimination against LGBTI couples.[vi] The only reason these were defeated was because all ALP and Greens MPs and Senators opposed them, alongside a small minority of Coalition parliamentarians.

 

These (thankfully rejected) amendments included granting individuals the right to discriminate in the provision of goods and services on the basis of their ‘religious marriage beliefs’, as well as personal views that same-sex relationships are wrong, or that trans people don’t exist.

 

The then-Attorney-General, George Brandis, even tried to incorporate Article 18 of the International Covenant of Civil and Political Rights into the Marriage Act 1961 (through an amendment that ‘Nothing in this Act limits or derogates from the right of any person, in a lawful manner, to manifest his or her religion or belief in worship, observance, practice and teaching’) while conveniently ignoring the limitation in Article 18(3): that religious freedom can be limited to protect the fundamental rights and freedoms of others (including the right to non-discrimination). Oh, and he moved an amendment that all civil celebrants should be able to discriminate against LGBTI couples because of their personal religious or conscientious beliefs.

 

It is offensive for Liberals to now claim credit for delivering marriage equality when the majority of them voted for it not to be equal.

 

Fun Fact: Our new Prime Minister, Scott Morrison, voted for every amendment in the House of Representatives that sought to increase discrimination against LGBTI couples. This included supporting having two different definitions of marriage (one for ‘traditional marriage’ – the union of a man and a woman to the exclusion of all others, voluntarily entered into for life – and one for everybody else – the union of 2 people to the exclusion of all others, voluntarily entered into for life). He also introduced his own amendments to the Bill, which included protecting individuals who discriminate against others because of transphobic beliefs that ‘the normative state of gender is binary and can, in the overwhelming majority of cases, be identified at birth’. He might now be Leader of the country, but with views like that he’ll never be a true leader.

 

  1. Even after the postal survey, a significant minority of Liberal Party MPs and Senators voted against same-sex marriage

 

The Liberal Party banned marriage equality in 2004. They voted against it in September 2012. They refused to hold a simple parliamentary vote following their election in 2013. They tried and failed to hold a plebiscite in 2016. They ‘succeeded’ in holding a postal survey in 2017, in which more than three-in-five Australians said yes to equality.

 

After forcing us wait for 13 years, and making us jump through hoops that no other group in Australia has ever had to before (and hopefully none will have to again), a significant minority of Liberal MPs and Senators still couldn’t bring themselves to vote for the ability of all couples to marry, irrespective of sexual orientation or gender identity.

 

In the Senate, Liberals Concetta Fierravanti-Wells, Eric Abetz and Slade Brockman, and Nationals John Williams, Matt Canavan and Barry O’Sullivan, voted no. While Liberal Senators Michaelia Cash, David Fawcett, James McGrath and Zed Seselja, and National Bridget McKenzie, all abstained.

 

In the House of Representatives, Liberal Russell Broadbent, and Nationals Keith Pitt and David Littleproud, voted no. Whereas Liberals (ex-PM) Tony Abbott, Andrew Hastie, Michael Sukkar, Kevin Andrews, (now-PM) Scott Morrison, Rick Wilson, Stuart Robert and Bert van Manen, and Nationals Barnaby Joyce and George Christensen, all abstained.

 

After subjecting LGBTI Australians to an unnecessary, wasteful, divisive and harmful postal survey because of their own internal political divisions, the fact that these 24 Liberal and National MPs could not even respect its outcome by voting yes in parliament shows the absolute contempt that they hold for us and our relationships. Their disgusting behaviour should not be forgiven nor forgotten.

 

**********

 

These ten points unequivocally demonstrate that same-sex marriage was achieved in Australia in spite of the Liberal Party, not because of them.

 

So, in the coming weeks, if any Liberal MP or Senator tries to claim credit for achieving marriage equality, tell them to get in the bin.

 

Because that is where such garbage claims belong.

 

Turnbull-on-QA

Former Prime Minister Turnbull on QandA, where he tried to claim credit for marriage equality. Hey Malcolm, Get in the Bin.

 

Footnotes:

[i] Not that I was watching: I was not interested in hearing from the fakest of fake (self-declared) friends of the LGBTI community. This quote is from a transcript in CrikeyWorm.

[ii] Yes, this was done with the support of the then-Latham (!) Opposition, a move that also warrants criticism – but Labor will not be the ones falsely claiming credit for marriage equality in the coming weeks.

[iii] Of course, then-Prime Minister Julia Gillard voted against equality, something for which she should be forever condemned.

[iv] Although trans and gender diverse people are still waiting for forced trans divorce laws to be repealed in some jurisdictions (noting that if they are not repealed by 9 December 2018 the Commonwealth Sex Discrimination Act 1984 will overrule them).

[v] There is a second, more technical, argument why the Liberal Party didn’t actually pass marriage equality. That is because the Marriage Amendment (Definition and Religious Freedoms) Act 2017 was a private members’ bill. It was not Government legislation, so its passage cannot be claimed as an achievement of the Liberal-National Government. Indeed, as a private members’ bill, more ALP MPs and Senators voted for it than Liberal and National ones.

[vi] This includes then-Prime Minister Malcolm Turnbull, who voted for three different sets of amendments increasing discrimination against LGBTI couples, while abstaining on the others.

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The robo-debt letter that should be sent

This time last year, there was an emerging scandal for the Turnbull Government – the automated letters being sent to hundreds of thousands of people who had received social security seeking repayment of supposed debts worth tens of thousands of dollars.

 

Based on incomplete and often inconsistent information, a significant proportion of these notices were inaccurate, with many recipients owing nothing at all.

 

The ‘robo-debt’ letter program was nothing short of an omnishambles. Unfortunately, despite scathing assessments by both the Commonwealth Ombudsman and a Senate Inquiry, this scheme continues to this day.

 

Instead of targeting many of the most vulnerable members of the community, for debts they either don’t owe or can’t pay, there is one robo-debt letter that I think should be sent.

 

To a group of people that have cost Australian taxpayers a large amount of money, by failing to perform their most basic duties, and who definitely have the capacity to pay.

 

**********

 

Dear Liberal and National Senators and Members of Parliament,

 

We are writing to seek repayment of a significant sum you owe to the people of Australia. This debt has been incurred due to your failure to fulfil the minimum responsibilities of your employment.

 

In August 2017, instead of voting on legislation in Parliament – which is, after all, what you are elected to do – you decided to outsource your obligations to the general public, by holding a postal survey about same-sex marriage.

 

Your postal survey was unnecessary. Unlike Ireland, there was absolutely no requirement for this process, which could at best be described as a voluntary, non-binding, national opinion poll.

 

Your postal survey was harmful. Exactly as the LGBTI community had told you it would be: “experiences of verbal and physical assaults more than doubled in the three months following the announcement of the postal survey compared with the prior six months”, while “more than 90% reported the postal vote had a negative impact on them to some degree.”

 

Your postal survey was unprecedented. Never before has an optional survey, run by the Australian Bureau of Statistics, been used to cast judgement on the fundamental human rights of a minority group. It must never be used again.

 

Your postal survey was wasteful. Originally budgeted at $122 million, it apparently came in under budget – at just $80.5 million*. This is money that could have been spent on health. Or education. Or any number of government programs that actually benefit the Australian community.

 

The historic events of the past fortnight have merely confirmed this monumental waste. LGBTI marriage has finally been passed in both houses of Parliament – the places where this important change should have been made all along.

 

Indeed, Commonwealth Parliament is the only place where it could ever have been achieved.

 

You are one of 105 Coalition Members of Parliament elected at the 2016 federal election. Your personal share of responsibility for this debt, of $100 million, has been allocated equally.

 

Your estimated debt is $766,666.67. We seek your repayment within 30 days of receipt of this letter.

 

Responsibility for seats currently unoccupied due to dual citizenship-related ineligibility – Liberal Senator Stephen Parry, Nationals Senator Fiona Nash and Liberal MP John Alexander – will fall on their respective political parties.

 

We understand a small number of you have consistently opposed your Government’s proposals to hold a plebiscite and then, when that legislation was rejected by the Senate, to conduct a postal survey instead. We thank you for your principled position.

 

If you fall into this category, please supply evidence of your denunciation of these policies, following its announcement by Prime Minister Tony Abbott in August 2015, and during the plebiscite debate in the second half of 2016 and the postal survey debate in August 2017, both under Prime Minister Malcolm Turnbull.

 

Once this evidence is received, you share of responsibility will also be allocated to your party’s head office.

 

Grievance procedures

 

It is possible some of you will feel aggrieved to receive this letter. If that is the case, please feel free to lodge a formal letter of complaint.

 

However, you should be aware we will give it the same level of consideration that you gave to the legitimate concerns expressed by the LGBTI community ahead of your decision to hold the postal ballot.

 

You should also consider yourselves lucky.

 

Lucky you are not having your wages deducted for all the years in parliament during which you failed to pass this most straight-forward of reforms (for some of you, stretching all the way back to the Howard Government’s original ban on marriage equality in 2004).

 

Lucky you are not being charged for all the time and expense wasted by LGBTI Australians, and our families, friends and allies, in having to fight for equal rights during your unjust, and unjustifiable, postal survey.

 

Lucky you will not have to pay damages for the emotional, mental and social harms you have caused by shirking your essential responsibilities and undertaking a bitter and divisive ‘vote’.

 

The LGBTI community was not so lucky. We were forced to wait more than 13 years for the equal recognition of our relationships. And then jump through hoops no-one else has ever been expected to negotiate.

 

We paid the price for your lack of leadership. Now it’s time for you to pay up.

 

Sincerely,

Lesbian, gay, bisexual, transgender and intersex Australians, our families, friends and allies

 

Parliament House

*NB An earlier version of this article used the figure $100 million as the estimate announced by the ABS on the day the postal survey results were announced. On 8 December, Finance Minister Senator Mathias Cormann revealed the final cost to the Government was $80.5 million.

What. A. Waste.

Today is the last day of ‘voting’ in the same-sex marriage postal survey. By 6pm tonight, the last ballot will have been received by the ABS, and the last online vote will have been cast.

 

Even though it will be another eight days before we learn the final result, now is an opportune time to reflect on this pseudo plebiscite, and all I can think is:

 

What.

A.

Waste.

 

What a waste of time. It is three months since the Turnbull Government announced the postal survey, and two months since voting started, with intense campaigning throughout by both sides – all on an issue that could, and should, have been resolved by Commonwealth Parliament in a week. Or even less.

 

What a waste of money. Prime Minister Turnbull has spent $122 million of public money, of your money, to outsource responsibility to you to answer the question of whether same-sex couples should be treated equally under secular law. And he has done so just to avoid internal division within the Coalition.

 

Of course, if the Australian public votes Yes, the issue will still have to return to be voted upon by Commonwealth Parliament – which is pretty much the definition of unnecessary duplication.

 

Oh, and that’s not even counting the money wasted on the campaign itself, including the $1 million donation by the Anglican Church of Sydney to oppose the equal rights of LGBTI Australians. Imagine how many disadvantaged people could have been helped by that money?

 

What a waste of effort. Thousands of volunteers have knocked on tens of thousands of doors, made hundreds of thousands of phone calls, and had millions of conversations, to encourage people to vote Yes to marriage equality.

 

That effort is not wasted as in useless – I am sure it has helped to ensure the ‘right’ side wins. But it is wasted in that none of it was needed. If ever there was a straight-forward issue of public policy – where the lives of one group of people could be improved, with nobody else adversely affected – then surely it is the question of marriage equality. It should have been resolved years ago.

 

What a waste of priorities. One of the most frustrating aspects of the past three months has been the fact that debate around the same-sex marriage postal survey has taken focus away from other important issues, including how to best advance the Uluru Statement from the Heart and efforts to stop the ongoing human rights abuses of people seeking asylum on Manus Island and Nauru.

 

Even within the LGBTI community, there are many, many other issues that could benefit from the attention currently devoted to marriage equality, including ending involuntary surgeries on intersex infants, improving trans access to identity documentation, and improving the treatment of LGBTI people seeking asylum.

 

What a waste of unity. One of the weakest arguments put forward by the Turnbull Government for its plebiscite was that, if the answer is Yes, it will be a unifying moment for our country. One where the ‘losing’ side would accept the legitimacy of the result and everyone would move on.

 

Instead, it has turned out exactly as everyone else expected – the campaign has stirred up hatred and intolerance, while more people will end the campaign with entrenched views than at the start. Neither side will give up if the result is not the one they were after.

 

The alternative? A parliamentary vote where marriage equality could have been passed quickly and without controversy, where people who feared change had the opportunity to see it become law, and to learn that the sky didn’t fall.

 

You know, like New Zealand.

 

Marriage equality in Australia could have looked like this:

 

 

 

Instead, Malcolm Turnbull held a postal survey that looked more like this:

 

What a waste 2

 

What a waste of our democratic traditions. The decision by the Liberal and National Parties to hold an optional, non-binding, nation-wide public opinion poll on marriage equality has set a terrible precedent for how issues of public policy are decided in this country.

 

These parties, who claim to be ‘conservative’, have made a radical change to our system of government. Already there is pressure to hold plebiscites on all manner of issues, including euthanasia or even the death penalty. It is difficult for the Coalition to resist these calls in the future on the basis of how it has approached same-sex marriage.

 

What a waste of Malcolm Turnbull’s credibility. Okay, granted, there wasn’t much left by the time he announced the postal survey in August to get around the fact the Senate had rejected his preferred plebiscite.

 

But remember there was a time, in September 2015, when the population was briefly hopeful that Turnbull would be a much more modern, and progressive, leader than the man he replaced. A large part of that hope was founded on Turnbull’s supposed support for marriage equality.

 

The fact he has systematically sold out LGBTI Australians on this issue, including subjecting us to this absolute farce of a process, is a significant contributing factor to why he has so little credibility just over two years later.

 

What a waste in terms of the negative impact on the LGBTI community itself. The biggest waste, and the worst outcome, of the postal survey has been the harm that it has caused to members of the lesbian, gay, bisexual, transgender and intersex community, to rainbow families and to their children.

 

The tears that have been shed.

 

The worst fears that have been, sadly, realised.

 

The depression it has caused, or exacerbated.

 

The family divisions it has worsened.

 

The homophobic, transphobic and biphobic abuse it has triggered.

 

The violence that has been endured by too many.

 

All of this was completely unnecessary. All of this was completely foreseen by everyone – outside the Australian Christian Lobby, and the Liberal-National Government. All of this was their fault. We will never forgive, nor forget, what they put us through.

 

Turnbull closed eyes

Malcolm Turnbull has closed his eyes to the damage his postal survey has caused.

 

As I write this, it seems highly likely that on 15 November the ABS will announce the Yes vote was ‘successful’ in the postal survey. Same-sex marriage will probably, although not certainly, be legalised in the months that follow (whether it is genuine marriage equality remains to be seen).

 

But even if this process results in marriage equality finally being introduced, nothing will ever justify what LGBTI Australians have been subjected to over the past three months. Because nothing ever could. What a waste.

28 Reasons to Vote Yes on Marriage Equality

Untitled design-3

 

  1. Vote yes on marriage equality because love does not discriminate, and neither should the Marriage Act

 

  1. Vote yes for the tens of thousands of LGBTIQ Australian couples who are waiting for the opportunity to marry in front of family members and friends – just like anybody else

 

  1. And for other LGBTIQ couples who don’t want to get married, but who deserve the right to make that decision for themselves and not have it imposed upon them by the Parliament

 

  1. Vote yes out of respect for the couples where one or both have died over the past 13 years without being allowed to marry the love of their life[i]

 

  1. And to stop this same fate being experienced by other couples in the future

 

  1. Vote yes because no-one should be forced to divorce their spouse in order to have their gender identity recognised under the law[ii]

 

  1. Vote yes because a successful marriage is based on the content of your character, not your sex characteristics[iii]

 

  1. Vote yes to make it easier for LGBTIQ Australians to prove their relationships, especially when it matters most[iv]

 

  1. Vote yes to recognise the marriages of thousands of LGBTIQ Australians that already exist, having wed overseas

 

  1. And to ensure that, when some of those relationships break down, they are able to divorce[v]

 

  1. Vote yes so that all members of a family are treated exactly the same under the law

 

  1. Vote yes so that parents, and grandparents, and brothers and sisters, are able to attend the weddings of their family members

 

  1. And so that the children of rainbow families can attend the weddings of their parents

 

  1. Vote yes for all of the lesbian grandmas, gay uncles, bi aunts, trans nephews and intersex nieces, and queer cousins

 

  1. Vote yes if you think that your child should be able to marry whoever they want to when they grow up

 

  1. Vote yes if you think that every child should be able to marry whoever they want to when they grow up

 

  1. Vote yes on marriage equality for your friends

 

  1. And your colleagues

 

  1. And your teammates

 

  1. And your neighbours, and all of the LGBTIQ people in your community

 

  1. Vote yes for the many young LGBTIQ Australians still struggling to comes to terms with who they are, wondering whether they are accepted

 

  1. And for older LGBTIQ Australians who have experienced a lifetime of discrimination

 

  1. Vote yes for every LGBTIQ Australian, to show them that they are not lesser and should not be treated as lesser under the Marriage Act

 

  1. Vote yes because you are LGBTIQ yourself and this is a matter of pride

 

  1. Vote yes because you believe in a fair go for all, irrespective of sexual orientation, gender identity or sex characteristics

 

  1. Vote yes because you think Australia can be a better, fairer and more inclusive country

 

  1. And because you want to help make Australia a better, fairer and more inclusive country

 

  1. Vote yes on marriage equality because all love is equal, and it’s time we changed the law to reflect that.

 

original_1495494419744.405

 

Two final points:

  • Please share this post, adding your own reason(s) why you will be voting for marriage equality. Or come up with your own list, and share that. Because we have the arguments on our side, but we need to be making them from right now until the postal survey closes.

 

  • To find out how else you can get involved in the Yes campaign, including volunteering opportunities, visit their website here.

 

Footnotes:

[i] Like long-term LGBTIQ rights campaigners Peter and Bon, who were together for half a century, with Bon passing away earlier this year after having pleaded with Malcolm Turnbull to allow them to marry before he died – a plea that was ignored.

[ii] Australia was criticised by the United Nations Human Rights Committee earlier this year because of its policy of forced trans divorce. Find out more here.

[iii] To find out more about how discrimination in the Marriage Act affects people with intersex traits, see OII Australia’s submission to the Marriage Amendment (Same-Sex Marriage) Bill 2016.

[iv] Tragically, Tasmanian Ben Jago was unable to bury his de facto partner, or even attend his funeral, after his premature death (see this piece in the Guardian). While such discrimination is already unlawful, being married would make these situations far less common.

[v] Australia has also been criticised by the United Nations Human Rights Committee because of its failure to allow LGBTIQ couples that have married overseas to be able to divorce when those relationships break down. Find out more here.

7 things we need to do now

Commonwealth_ Sex Discrimination Act 1984-3

 

At the end of a long week – which felt more like a month, and frankly had a year’s worth of ups and (mostly) downs – it’s time to take stock, and work out what we do next.

 

Thankfully, there are now two challenges to the Government’s pseudo postal plebiscite (aka the Australian Bureau of Statistics ‘Australian Marriage Law Postal Survey’), which will be heard by the High Court on September 5 and 6.

 

However, while we might hope for the best – that the judiciary finds this extraordinary and unprecedented process to be an unconstitutional abuse of executive power – we must also prepare ourselves for the worst.

 

In that context, I offer the following seven suggestions of how we should respond to Malcolm Turnbull’s supposed statistical survey:

 

  1. Enrol

 

The Government has already announced that, in order to participate in the ‘plebiscite’, you must be on the electoral roll by 6pm on Thursday 24 August.

 

So, the most immediate thing you need to do is:

 

  • Check your enrolment here.

 

  • If you aren’t enrolled, enrol to vote here.

 

Even if you are currently intending to boycott the ‘Australian Marriage Law Postal Survey’, you might end up changing your mind in the coming weeks and months, so please update your enrolment now and leave your options open in September and October.

 

  1. Engage

 

This step is harder than the first, especially when emotions are understandably running high and we feel that the process that has been inflicted upon us is incredibly unfair (because it is). But that doesn’t mean the pseudo postal plebiscite is necessarily going away either.

 

Which means we need to engage, with our family members (including extended family), our friends, our colleagues, our peers, basically anyone and everyone we have connections with, to encourage them to support the fight for equality.

 

Of course, there are limits to this ask. Don’t engage with trolls, or with people who show they are unwilling to genuinely engage with you (neither group is worth your time). And don’t engage where you don’t feel comfortable, and above all, safe in doing so.

 

But, please have these conversations wherever and whenever you can, because that’s how we remind people who are already on our side what they need to do, and how we persuade the people who have yet to make up their minds.

 

  1. Educate

 

This step, which is related to number two, is much more difficult again. It is hard when the decision by the Turnbull Coalition Government to hold this pseudo postal plebiscite has already politicised every minute, every hour and every day of our lives – politicised our mere existence – until this farce is over.

 

And there’s no denying the perennial problem that in struggles for justice, the burden of educating the oppressors falls disproportionately on the oppressed (when people should instead bear responsibility for educating themselves).

 

Nevertheless, there will still be many opportunities in the months ahead for genuine education. To provide information to people who may not have thought about LGBTIQ issues before. To answer questions from those who don’t know a lot about us, or our relationships, but who show a sincere desire to learn.

 

Of course, for many in our community, for different reasons, this task is not something they are willing or able to do – and that’s totally okay. And for anyone who does decide to engage in these discussions, you should always remember that your personal information is yours, and you should only disclose as much as you feel comfortable. Nobody has a ‘right’ to know everything about you.

 

But for those of us who are in a position to have these conversations, we should. And if you need help getting started, Australian Marriage Equality/The Equality Campaign have produced a number of useful resources (including translations into Chinese, Korean, Vietnamese, Arabic, Hindi, Greek, Italian, and Spanish).

 

  1. Vote

 

We’ve reached the fourth step on my list, and the third most important: to vote (and obviously to vote yes).

 

Before I start, I’d like to say to anyone who is currently considering boycotting the pseudo postal plebiscite that I completely understand where you’re coming from. It is a bullshit process, imposed for bullshit reasons. It is inherently offensive to LGBTIQ people; it is insulting, and demeaning, to our relationships.

 

In fact, the decision by Liberal and National MPs and Senators to adopt a supposed statistical survey on marriage equality made me even more angry, and frustrated, about a subject that I thought had exhausted my reserves of both. Despite all this, I have decided that I will vote, and I urge you to do the same, for the following reasons:

 

a) Most LGBTIQ people think we should

 

Before the Government’s appalling actions this week, PFLAG and just.equal conducted a survey of 5,261 LGBTI Australians to ascertain their views about a possible postal vote, and how we should respond as a community.

 

Only 15.2% thought we should boycott such a vote, with more than half publicly opposed to a postal ballot but prepared to win it if it’s held. And, even though that survey was conducted based on a hypothetical, and the subsequent reality might have changed the depth of our feelings, I don’t think it has altered our thinking.

 

b) Most LGBTIQ community organisations think we should

 

For people who have been engaged in LGBTIQ advocacy for a while, it’s no secret we sometimes don’t play well together. Which makes it all the more extraordinary that nearly all major community organisations have come out in the past 24-48 hours to say that, while they oppose the pseudo postal plebiscite, they will fight to win it.

 

How ironic that Malcolm Turnbull’s divisive debate, that will cause such disharmony across Australian society, could end up being a powerful unifying moment within the LGBTIQ community itself.

 

c) Pragmatic politics

 

There are several political reasons why we should vote, including the obvious one: that a yes vote offers the best chance (albeit no guarantee) of marriage equality being passed this year. A significant yes majority will also diminish the influence of the groups that oppose LGBTIQ rights, like the Australian Christian Lobby, not just on this topic but across all issues.

 

But, even if we lose (which is a real possibility, given a voluntary postal opinion poll has significant flaws, and skews towards older, more conservative voters, effectively stacking the decks against us), the closer the loss the easier it will be for Labor and the Greens to introduce marriage equality in future.

 

d) Personal

 

Regular readers of this blog will know that I have a strong personal motivation to campaign for equality: the desire to finally marry my fiancé of seven and a half years. However, as much as I love Steven – and trust me, it’s a lot – he’s not the reason I will be voting, and voting yes.

 

Teenage Alastair is. Who realised he was gay on his first day at a religious boarding school in Brisbane in 1991. Who took about a month to understand just how homophobic his surrounding environment was, and became depressed. Who, from the second term of year 8, until the final term of year 12, thought about ending his life every day, multiple times a day, because he feared he would never find acceptance for who he was.

 

Alastair aged 12 to 17 probably wouldn’t have understood the ethical reasons why some people in the LGBTIQ community might have wanted to boycott a supposed statistical survey. But he definitely would have understood the message of a large no victory: that his country was explicitly rejecting him, and anyone like him.

 

So, I’m voting for him.

 

Many of us have been that person. Most of us know someone who has been through something similar. All of us can empathise with what that fear, that isolation, that loneliness, feels like. So let’s stand up for all of them – including those who tragically didn’t make it – and vote yes.

 

  1. Take Care of Yourself

 

We already know that, if the pseudo postal plebiscite is not rejected by the High Court, the next four months are going to be awful. There will be misinformation, and outright lies, spread against us by those who wish to do us harm. Indeed, their hate-based campaign has already started – so much for the Prime Minister’s so-called #respectfuldebate.

 

We should not underestimate the impact that this battle will have on all of us, or the fact it will disproportionately affect the more vulnerable groups within the LGBTIQ community itself (including young people, trans and gender diverse people, Aboriginal and Torres Strait Islander LGBTIQ people and rainbow families and their children).

 

Throughout this process, we must all take care of ourselves.

 

There are services in place that can help if you need it, including:

 

  • QLife, the national telephone and web counselling service for LGBTI people, families and friends. Call 1800 184 527, 3pm to midnight everyday.

 

 

For a longer list of the support services available to LGBTIQ+ community, see this article by SBS.

 

Beyond these formal services, however, there are plenty of other ways to practice self-care, and self-love, during this time. If you need to talk to someone, reach out to your friends and other people in your life. If you are finding yourself negatively affected by the public debate and/or social media, switch off. If you have to take a break from the campaign, do – drop out for as long as you need.

 

For other tips on what you can do to take care of yourself, see the helpful info-graphic produced by ACON at the end of this article. If you are a member of an LGBTIQ family, you can also check out this handy guide produced by Rainbow Families. And if you are aware of, or come across, other useful resources, please don’t hesitate to share them in the comments below.

 

  1. And Each Other

 

The other, equally important, part of this equation is to look out for, and take care of, each other.

 

It is difficult to imagine a process that causes more damage, or has the prospect for greater division, than the three-month long, voluntary, non-binding ‘Australian Marriage Law Postal Survey’ designed by the Turnbull Government.

 

Indeed, that may have been the intention of some of those who advocated this option. At best, Coalition MPs and Senators have shown that they are completely indifferent to the harm the pseudo postal plebiscite will cause the LGBTIQ community.

 

They don’t care about us. So we must care about each other.

 

Be pro-active. Check in with the people around you to see they are okay. If you notice someone struggling, ask how they’re going, give them a call, have a cup of tea, offer a helping hand – or a shoulder to cry on.

 

Over recent decades, the LGBTIQ community has had to endure many challenges, to show resilience in the face of adversity. We need to do so again now.

 

**********

 

These last two steps – Take Care of Yourself. And Each Other – aren’t just the catchphrase of a trashy 90s talk-show host. They are also the two most important things we need to do in the coming weeks and months. Because while winning this vote, and achieving marriage equality, might be important, we – the members of the LGBTIQ community – are more important.

 

Before I finish, however, there is one last point that I need to make:

 

  1. Allies – It’s time to step up

 

I still remember early last year (although it seems longer) standing in front of a room full of mostly-cisgender, heterosexual activists and asking them for their help to win ‘Plebiscite 1.0’ – because the LGBTIQ community could not possibly win it on our own.

 

Well, that plea is just as relevant, probably even more so, for ‘Plebiscite 2.0’, especially with the challenges of voluntary postal voting, and an overall process engineered to benefit the side of those opposed to marriage equality.

 

If you consider yourself an ally of the LGBTIQ community, it’s time to step up. If you are a family member, friend, colleague or peer of an LGBTIQ person, it’s time to get involved.

 

Enrol. Engage and Educate (and, if you need to, educate yourselves). Vote, and encourage others to vote, too. I also have no doubt it will be an awful experience for many of you to see the trauma inflicted on the LGBTIQ people close to you – so look after them, as well as yourselves.

 

Most importantly, stand with us, by our sides, in this battle. Sit with us, and listen to us, if we ask you to. And fight for us, because we need you to.

 

And, if you’re not convinced by me, listen to the excellent advice of the even more excellent GetUp marriage equality campaigner, Sally Rugg:

 

“If you have ever put a rainbow filter on your Facebook profile picture, return your ballot paper the day you receive it.

 

If you have a friend, a family member or a co-worker who is LGBTIQ+, return your ballot paper the day you receive it.

 

If you have ever cringed at the words “one man and one woman to the exclusion of all others” at a wedding, return your ballot paper the day you receive it…

 

The postal plebiscite will be won or lost on how allies of the LGBTIQ+ community step up over the next two months.”

 

Over to you.

 

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2,756 Days. Frustration and Love.

It’s five o’clock in the morning. I’m sitting on a bus leaving Sydney, and I finally have some time to process the extraordinary events of the past few days.

 

It really is hard to put into words just how devastating, heart-breaking and frankly appalling the actions of the Liberal Party room on Monday evening, and Turnbull Coalition Government yesterday, have been.

 

First, was the devastating decision not to adopt a conscience vote on marriage equality, but to instead push once more for a ‘traditional’ plebiscite.

 

That’s the same unnecessary and wasteful non-binding opinion poll that was rejected by the Senate in November 2016, at the request of LGBTI Australians, because of the harm it will inevitably cause young and vulnerable members of our community.

 

It is no exaggeration to say that lives could be lost as a direct result of the extreme, hateful, hurtful bigotry that would accompany any such vote.

 

Second, was the heart-breaking decision that, even if the Senate once again rejects the legislation for a ‘traditional’ plebiscite (as it appears highly likely to do), the Government will attempt to hold a ‘postal’ plebiscite on the issue.

 

A ‘postal’ plebiscite has all of the disadvantages of a ‘traditional’ plebiscite, plus a few more of its own, including that it will be voluntary rather than compulsory to participate, it will disenfranchise large sections of the community, including young Australians (as even Malcolm Turnbull conceded, about the last one held twenty years ago) and, without legislation to give it effect, is constitutionally doubtful.

 

Which brings me to the third, and perhaps worst, decision of all – that they now intend to hold it as a ‘statistical survey’ conducted by the Australian Bureau of Statistics, rather than an actual vote overseen by the Australian Electoral Commission.

 

This ‘pseudo postal plebiscite’ is nothing more than a naked attempt to circumvent not just the will of the Parliament, but also the legitimate limitations of the Constitution.

 

Thankfully, multiple groups campaigning for marriage equality have already indicated they are seeking legal advice before potentially challenging this postal plebiscite-in-all-but-name in the High Court. Here’s hoping they are successful, and that this bad joke of a policy is stopped before it starts to wreak its damage.

 

These three decisions, taken together, reveal the absolute contempt that some members of the Liberal and National Parties have for lesbian, gay, bisexual, transgender and intersex Australians.

 

No other group has ever been subjected to this kind of process merely for the chance of being treated equally under secular law. No other group has ever been expected to jump through these ridiculous hoops just to have their human rights recognised.

 

Of course, in a debate that is about symbolism as much as it is about substance, it isn’t just the process they have chosen to adopt that is offensive – it is the way in which they have carried on the debate, a depressing mixture of denial, inconvenience and frustration.

 

Denial that marriage equality is an issue that is important to everyday Australians (it is). Denial that LGBTI couples, our families and friends exist in every electorate across the country (we do).

 

And denial that access to marriage rites is a fundamental right (it is – and if it wasn’t, there wouldn’t be so many Coalition MPs and Senators who have chosen to exercise that rite, and right, themselves).

 

It seems like many in the Liberal and National Parties find the entire marriage equality debate, and the ongoing demands of LGBTI Australians for equality under the law, to be terribly inconvenient (I’m sure there are some who probably find the mere existence of LGBTI people to be inconvenient too, but that is a topic for another time).

 

It is as if they are somehow ‘hard done by’ just by being forced to consider this issue, and wish it would all go away (here’s a newsflash for those MPs and Senators who mustn’t have been paying attention until now – we will not go away until we are truly equal, and we will keep on making ourselves as ‘inconvenient’ as possible in the meantime).

 

Then there are those, like Deputy Prime Minister Barnaby Joyce, who have actually said, out loud, that they are ‘frustrated’ by this issue, and frustrated by the fact they cannot spend their time talking about ‘more important issues’.

 

Frustrated? Are you f#$%ing serious?

 

With all due respect, they have absolutely no idea what frustration about this subject feels like.

 

Frustration is being a member of the LGBTI community, and having your human rights, your dignity and your worth as a person publicly debated, year after year, with no apparent resolution in sight.

 

Frustration is being the family member or friend of LGBTI couples, wanting nothing more than to celebrate the wedding of your loved ones, but being denied that ability because of the ongoing, unjustifiable and inexcusable inaction of Commonwealth Parliamentarians.

 

Frustration is me typing this, on day two thousand, seven hundred and fifty-six of my engagement to my fiancé Steve, and still having no idea when we will finally be able to ‘tie the knot’.

 

We have been engaged now for more than seven and a half years (it bears repeating, for the benefit of those MPs and Senators who think that marriage equality is a hypothetical issue, one that doesn’t affect the lives of real people).

 

In that time, we have been involved in campaigns to change the ALP platform to support marriage equality (which was won almost six years ago), and to adopt a binding vote (partially won, coming into effect at the next federal election).

 

We spent the better part of twelve months fighting against ‘Plebiscite 1.0’, even though it could have meant us marrying sooner, because the recognition of our relationship as adults was not worth the harm it threatened to LGBTI young people, and the children of rainbow families.

 

We could not stomach the thought of saying ‘I do’, while knowing the pain that would have been inflicted on 15-year olds around the country, just like 15-year old Steve and Alastair had once been, in order to for us to walk down the aisle.

 

And, just when we thought the marriage equality debate in this country couldn’t go any lower, it reaches a new nadir, with ‘Plebiscite 2.0’ (or a postal plebiscite, or a ‘pseudo postal plebiscite’ dressed up as a supposed statistical survey).

 

Whatever it is called, we’ll fight it too – to stop it from happening, and if it does proceed, to win it. Because, no matter how tired we are, we must.

 

The worst part of all of this is that it is a completely unnecessary battle, imposed upon us by a Government that refuses to do its job – by voting on legislation, in Parliament – but instead shirks, and outsources, its basic responsibilities.

 

Indeed, today could have been the day that a Bill to introduce marriage equality, one that stood a decent chance of success, was finally introduced into the House of Representatives.

 

That would have been a lovely way for Steve and I to celebrate nine years of being together (did I forget to mention that we first met on this day way back in 2008?)

 

Instead, we’ll remember our anniversary as the day the Turnbull Government reintroduced the Plebiscite (Same-Sex Marriage) Bill in the Senate, its latest attempt to delay, and if possible derail, the equal treatment of our love.

 

Of course, despite that personal indignity, there is another date, and another anniversary, this week that is far, far more depressing.

 

This coming Sunday it will be 13 years since the Senate approved the Howard Government’s original ban on marriage equality, on August 13 2004.

 

The passing of a law the sole aim of which was to treat LGBTI people and our relationships as lesser than other Australians was unconscionable.

 

The fact that, today, the Marriage Act 1961 continues to discriminate on the basis of sexual orientation, gender identity and sex characteristics is unconscionable.

 

That MPs and Senators in successive Parliaments have failed to take action to remove this stain from our statute books, meaning that many, many couples have died while waiting for the ability to wed, is unconscionable – and unforgivable.

 

And the fact that, through its actions, the Turnbull Government apparently wants nothing more than to unnecessarily prolong the engagements of couples of Steve and me, and to ensure all LGBTI Australians endure as much vitriol as possible in the meantime, is completely unconscionable too.

 

**********

 

It is now almost 8am and the bus will soon be pulling into Canberra, where I will be spending the next three days at a conference just across the lake from our institutions of Government.

 

From a Parliament, and Senate, that I hope will reject the reintroduced legislation to hold a traditional plebiscite.

 

From an Executive that will respond by pushing ahead with a ‘pseudo postal plebiscite’, a mean and tricky proposal that will cause serious and sustained injury to young and vulnerable members of the LGBTI community, and waste $122 million in the process.

 

And from a Judiciary who I hope will find this entire farce to be unconstitutional.

 

Like many in the LGBTI community, I know I am going to find today to be incredibly challenging, just like yesterday was and the day before – and probably tomorrow, and the weeks and months ahead too.

 

But I am going to try my best to spend the rest of today thinking about Steve, and our relationship, and not the parliamentarians who wish to do us harm.

 

Because I love him with all my heart. Because the last nine years have undeniably been the best years of my life.

 

And because one day I will marry him. It won’t be on day 2,756 of our engagement. It probably won’t be on day 3,000 either. But it will happen, and there is nothing, and nobody, who I will let stand in our way.

 

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Steve & I at one of the many marriage equality rallies we’ve attended over the years. We’ll keep fighting until it’s won.

 

Malcolm Turnbull – ‘Mean, tricky, out of touch and not listening’

When Malcolm Turnbull’s political career is finally over – and that could be sooner rather than later – it is likely that the ‘highlights’ package run by TV stations – which, based on his ‘achievements’ to date, will also be shorter rather than longer – will include at least a brief mention of his role as head of the unsuccessful ‘Yes’ campaign in the 1999 republic referendum.

 

The footage they will probably show will be his (in)famous description of John Howard as ‘the Prime Minister who broke this nation’s heart’.

 

Almost 18 years later, it is somewhat ironic that this description could just as easily be applied to Turnbull’s own stint as the country’s leader.

 

Despite coming to the top job with enormous public good will, amid widespread relief that Tony Abbott was no longer Prime Minister, just 18 months later he has seemingly squandered it all.

 

It is almost as if he consciously set about smashing the high hopes and expectations the public once held, as the modern, moderate Malcolm rapidly became traditional ‘Tory’ Turnbull.

 

We may not be ‘broken-hearted’ (that description always was a touch grandiose), but we have certainly been left disheartened, and deeply disillusioned, by a man who has sold out his principles across a wide range of issues – from climate change to marriage equality, and most things in between – merely to keep his place in The Lodge.

 

This past week it appears Malcolm’s stint as PM has officially reached its nadir. And this time it is a different quote about John Howard that springs to mind.

 

On both section 18C, and the postal plebiscite, the Turnbull Government has revealed itself to be ‘mean, tricky, out of touch and not listening’, which is how then Liberal Party President Shane Stone notoriously described the Howard Government in an internal memo in early 2001.

 

**********

 

The proposed reforms to the Racial Discrimination Act 1975, which will make it easier to vilify people on the basis of their race (or, as Attorney-General Brandis once admitted, ensure people ‘have the right to be bigots’), are nakedly ‘mean-spirited’.

 

The Liberal-National Government is seeking to undermine anti-vilification laws that have protected Aboriginal and Torres Strait Islander people, and other Australians from ethnically diverse backgrounds, for more than two decades.

 

The entire justification for their unrelenting assault on section 18C is to simply repeat the word ‘freedom’ over and over again, and hope nobody notices that a largely homogeneous group of MPs and Senators, most of whom will never experience racism, are taking away protections from people who, depressingly, still need them.

 

The move to change the wording of section 18C, by replacing the words ‘offend, insult, humiliate’ with ‘harass’, is tricky, too.

 

Not just because the Prime Minister has tried, on multiple occasions, to describe this amendment as ‘strengthening’ anti-vilification laws (sorry, Prime Minister, we’re not that gullible).

 

But also because, on at least five separate occasions before the July 2016 federal election, Malcolm Turnbull said that his Government had no plans to change the Racial Discrimination Act.

 

Being confronted with this inconvenient history this week led Mr Turnbull to engage in this, frankly, extraordinary exchange:

 

“Journalist: But on backflips, you back flipped on 18C, you changed your mind on 18C. Don’t you agree this is what politicians do, they change their position?

 

Prime Minister: Again, I don’t accept that proposition at all.

 

Journalist: You said five times before the election that you wouldn’t change 18C and now you’re pushing through changes?

 

Prime Minister: What we said before the election was that we did not have any plans to change 18C and that was absolutely true. So again, as a guardian of the truth, you should be more careful with the language you attribute to me…”

 

‘Honest’ John Howard would be proud of that evasion. And it seems like the Australian electorate are the ones who need to be more careful, and not believe any future promises that Malcolm Turnbull might make.

 

Amending the wording of 18C is also the definition of a niche political issue, demonstrating that the Government is comprehensively out of touch with the concerns ordinary Australians.

 

It doesn’t take Einstein to realise most Australians are far more interested in health, education and employment – and increasingly, the cost of housing – than the supposed troubles of Andrew Bolt or (the late) Bill Leak.

 

Speaking of which, even Deputy Prime Minister Barnaby Joyce spoke against the proposals in the joint party room meeting on Tuesday (21 March), reportedly saying ‘the move to amend 18C is really dumb and it will lose the Coalition votes’.

 

Barnaby knows that this issue is not what John Howard called a ‘barbecue stopper’. For many people, if 18C came up at all it would most likely be in the context of wondering why the Turnbull Government is so obsessed by an issue that, as Treasurer Scott Morrison previously conceded, ‘doesn’t create one job, doesn’t open one business, doesn’t give anyone one extra hour’.

 

Of course, that is not to say nobody is focused on, or affected by, this issue. For a significant minority, and especially Aboriginal and Torres Strait Islander people and Australians from ethnically diverse backgrounds, the changes to 18C are a threat to vital protections against the hate-speech that remains far-too-common.

 

And they have been making their voices heard, providing literally hundreds of submissions to the Parliamentary Joint Committee that considered this issue at the start of the year.

 

In the five days since these reforms were announced, there have also been joint statements against proposed changes to 18C by ‘[r]epresentatives from Greek, Armenian, Indigenous, Jewish, Indian, Arabic, Chinese, Vietnamese and Lebanese organisations.’

 

But the Turnbull Government is not listening to the millions of people who would be adversely affected by these new definitions.

 

Quite literally, in fact, as the Aboriginal Legal Service discovered when it attempted to provide evidence to the Senate Inquiry into the Human Rights Legislation Amendment Bill 2017 on Friday, and Liberal and National Party Senators voted not to hear them.

 

Instead, the Turnbull Government is listening to the (maybe) tens of people – at the Institute of Public Affairs, and the Herald Sun and The Australian newspapers – who have been clamouring for these changes.

 

Or, as Barnaby Joyce acknowledged (and yes, I’m just as surprised as you are that I’m quoting him, approvingly, twice in the same article):

 

“This is an issue, it is an issue but I’ll be frank, it lives in the extremities of the bell curve. Where do you meet those people [who care about 18C]? At party meetings, they are absolutely blessed people and they are terribly politically involved and they have an intense interest in some of the minutiae of debate. They come into your office to rant and rave about it, all four of them.”

 

It is hard to summarise the proposed changes to 18C much better than that – the racial vilification laws that protect millions of Australians from hate-speech are being wound back because of the passionate and vocal interest of extremists inside the Liberal and National Parties who ultimately won’t be affected by it in the slightest.

 

**********

 

Not content with displaying its fundamental flaws in relation to 18C, the past week also saw the Turnbull Government debating another subject on which it is consistently ‘mean, tricky, out of touch and not listening’: marriage equality.

 

Specifically, the man most likely to replace Malcolm as Prime Minister, Peter Dutton (now that’s a phrase I’d hoped never to write), has been actively pushing a proposal to hold a ‘postal plebiscite’ on this issue.

 

To be fair to the incumbent, Turnbull has so far not expressed formal support for this idea. But then he hasn’t ruled it out either, and, given he maintains his predecessor, Tony Abbott’s, policy in favour of a ‘traditional’ plebiscite, there is a real risk the postal plebiscite will become Government policy.

 

This is, at its core, another mean-spirited proposal.

 

Imposing a plebiscite – traditional or postal – to determine whether lesbian, gay, bisexual, transgender and intersex (LGBTI) Australians should enjoy equal rights under the law is a hurdle that no other social group has been forced to overcome.

 

The idea that we need to hold such a vote to determine whether couples like Steve and me can say ‘I do’ is so ridiculous that it should have been laughed off. But it isn’t just couples like Steve and me, who have only been together eight and a half years, affected by the ongoing ban on marriage equality.

 

It also denies the rights of couples like Peter de Waal and Peter Bonsall-Boone, who have been together for more than 50 years, and who simply want to be married under the law just like any other couple.

 

Holding a postal plebiscite will take several months, and a positive result would still need to be confirmed by legislation afterwards. This is time that some couples do not have:

 

“I doubt that I will live long enough to see same-sex marriage,” said Bonsall Boone, who is now battling cancer. 

 

Therefore, the idea that the Government could hold a postal plebiscite on marriage equality isn’t just unprecedented, or ridiculous, it is downright offensive, especially when the alternative is so obvious.

 

As De Waal says: “[t]he simplest, cheapest, quickest and fairest way to resolve this inequality is a free vote in federal parliament now!”

 

The postal plebiscite is also tricky in two key ways. First, the legislation to hold a traditional plebiscite on marriage equality was firmly rejected by the Senate in November last year.

 

Having failed in that attempt, for the Government to turn around and hold one anyway, this time via post and therefore not requiring parliamentary approval, is both sly and underhanded.

 

Or, as Liberal backbencher Trent Zimmerman acknowledged: “it [is] the wrong path because it would be seen as ‘tricky and sneaky’, it would be non-binding and its result could be disregarded” [emphasis added].

 

Second, the nature of a postal plebiscite would effectively stack the decks against marriage equality. The group most likely to engage via post – older Australians – are also the least likely to support marriage equality. The converse is also true – many younger people, who are overwhelmingly in favour of the equal rights of LGBTI people, would be less likely to vote this way.

 

A postal plebiscite would also inevitably be a contest between passionate advocates at either end of the debate, instead of the middle Australia who, as demonstrated by opinion poll after opinion poll, are, to use John Howard’s phrase, entirely ‘comfortable and relaxed’ about the idea of two men, or two women, marrying.

 

Finally, as Mr Zimmerman suggests, the lower turnout of a postal plebiscite would also reduce its legitimacy, making a public ‘yes’ vote easier for MPs to ignore (remembering that the same conservatives who now support a plebiscite questioned the validity of the Irish marriage equality referendum because ‘only’ 60% of people voted).

 

Just as with the changes to section 18C, the push for a postal plebiscite on marriage equality also reveals just how out of touch the current Liberal-National Government has become.

 

While the proposal to hold a traditional plebiscite was initially popular, that support dropped away dramatically through 2016 as people increasingly understood it would be unnecessary, wasteful and divisive.

 

A postal plebiscite is just as unnecessary, and would still be preceded by a bitter and hate-filled public debate. Perhaps the only ‘improvement’, if you could call it that, is that it would waste tens, rather than hundreds, of millions of dollars.

 

The idea itself seems to have appeared out of nowhere. I cannot recall any news story, or opinion piece, published prior to last week where anyone was calling for the plebiscite to be revived and for it to be conducted via post.

 

That simply confirms that this proposal is not about meeting any demonstrated need from the community – instead, it is being driven by the internal politics of a dysfunctional Government that steadfastly refuses to do the one thing that would actually end this issue once and for all: hold a free vote in parliament.

 

Finally, this is another instance of the Turnbull Government not listening to the people who are affected by this issue: lesbian, gay, bisexual, transgender and intersex Australians.

 

As a community, we said a very firm ‘no’ to the idea of a traditional plebiscite in the second half of 2016, in large part because of the harm it would cause to young and vulnerable members of our community.

 

Based on everything that has been said since the absurd notion of a postal plebiscite was floated last week, we reject the idea of an optional opinion poll via return mail, too (perhaps even more strongly).

 

As Rodney Croome of just.equal notes: “[r]egardless of the model, a plebiscite does not mean more power to the people, but an abdication of responsibility by politicians. It is the coward’s way out.”

 

Or, in the words of Alex Greenwich from Australian Marriage Equality, it is a ‘desperate ploy’, and “[i]t would be seen as a pretty sneaky and underhanded way to do it, I mean, bypassing the parliament.”
All-in-all, this is an issue that only really affects LGBTI people, and our family members and friends. And we’ve already made our views on this topic very clear – we want marriage equality, we want it now, and we want it passed in the ordinary way: in parliament.

 

Almost 13 years after marriage equality was originally banned by John Howard’s Coalition Government in August 2004, it is time for Malcolm Turnbull’s Coalition Government to start listening to us and just get it done already. If they don’t, they might find themselves with a lot more free time come 2019.

 

**********

 

These two policies – the proposed reforms to section 18C of the Racial Discrimination Act 1975, and the possible postal plebiscite – don’t just reveal a Government that is ‘mean, tricky, out of touch and not listening’. They are also two of the worst, and most indefensible, policies of an era that is already renowned for poor governance.

 

This Government actually wants to make it easier to vilify people on the basis of their race. Voluntarily holding a national public vote on marriage equality will see people vilified on the basis of their sexual orientation, gender identity and intersex status, too.

 

They also share another similarity – they are things not even John Howard did. He had almost twelve years as Prime Minister, including two and half with a Senate majority, in which to wind back our racial vilification laws, and chose not to do so.

 

And, even though he legislated the ‘wrong’ way, he also knew that the issue of marriage equality was one that could and should be settled by our 226 elected representatives, sitting in our nation’s parliament.

 

In this way, we can see that Malcolm Turnbull won’t just be remembered as one of our most disappointing, and disheartening, Prime Ministers, someone who has comprehensively failed to live up to such high expectations. He will also go down as one of the worst. Period.

 

Howard and Turnbull

One of these things is too much like the other.